Himachal Pradesh Court May 2007 Judgments
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Bilaspur District Truck Operators Transport Society Ltd. (Regd.) Throu ...
Court: Himachal Pradesh
Decided on: May-22-2007
Reported in: 2007(2)ShimLC198
Deepak Gupta, J.1. This case reflects a very shocking state of affairs, where the concerned officer appears to have even interpolated the order sheets after the order was announced.The facts of the case are:2. A revision petition under Section 94 of the H.P. Co-operative Societies Act, 1968 was filed by one Sh. Vishal Bansal before the Additional Secretary (Co-operative Societies) exercising the powers of the State Government. This petition was numbered as Revision No. 62 of 2006. Arguments in the case were heard by Sh. S.S. Guleria, the then Additional Secretary (Co-operative Societies) on 18th December, 2006. It is also not disputed before us that the order was reserved on the said date. The copy of the order was sent to the petitioner along with a covering letter signed by the Superintendent, Co-operation Section, Himachal Pradesh, in which it was stated that copy of the order passed on 1-3-2007 was enclosed. The copy of the order also bears the same date.3. The present petition has...
Deen Mohd. and anr. Vs. State of H.P.
Court: Himachal Pradesh
Decided on: May-22-2007
Reported in: 2007(2)ShimLC130
Surjit Singh, J.1. Heard and gone through the record.2. Appellants are aggrieved by the judgment of the Special Judge, whereby they have been convicted of and sentenced for an offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act. They have been visited with the punishment of ten years' rigorous imprisonment and fine of Rs. 1,00,000 each, in default of payment of fine simple imprisonment for a further period of six months each.3. According to the prosecution version, a Maruti Van was intercepted at a place called Vindraban forest barrier in Mandi District, on 15.3.2002, by a Police party. Three persons, including the appellants, were present in the Van. One of the appellants was in driver's seat, while the other one was sitting beside him on the front seat. The third person was occupying the rear seat. A polythene bag was lying behind the driver's seat. That bag contained. Charas, which on weighment was found to be two kilograms. Two samples, each weighing 2...
Rattan Singh Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: May-22-2007
Reported in: 2007(3)ShimLC289
Deepak Gupta, J.1. The Excise and Taxation Department issued an Excise Policy and arrangements for the year 2007-2008. Under this Policy individual applications were invited for allotment of retail vends. The respondent No. 2 issued public notice in terms of the Excise Policy on 22.2.2007 inviting applications for allotment of retail sale license of country liquor and Indian made foreign liquor. As per this scheme and the notice of allotment, the allotment was to be made by draw of lots in case there were more than one application for a particular vend/unit. The draw of lot was to be conducted by a Committee consisting of the Deputy Commissioner of the District, representative of the Excise and Taxation Department Himachal Pradesh, the Deputy Excise and Taxation Commissioner of the respective Zone and the Assistant Excise and Taxation Commissioner/Excise and Taxation Officer Incharge of the Districts. As per the notice and the terms and conditions it was not necessary for the applicant...
Chank Bahadur Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: May-21-2007
Reported in: 2007CriLJ4454,2007(2)ShimLC324
V.K. Ahuja, J.1. This is an appeal filed by the appellant against the judgment of the Court of Sessions Judge, Kullu dated 19.4.2006 vide which the appellant was held guilty and convicted and sentenced under Section 20 of the NDPS Act, hereinafter referred to as the 'Act', for rigorous imprisonment for a period of 5 years and a fine of Rs. 50,000/-. In default of payment of fine, the appellant was to suffer further imprisonment for one year.2. Briefly stated, the facts of the case are that on 6.4.2005 PW-2 ASI Bin Singh was present at a place near Bhrain Bridge, along with PW-1 Sunder Lal Constable and Deepak Kumar Constable for patrolling. They had gone in a vehicle being driven by HHC Pitamber Lal. At about 8.15 p.m. they saw a person coming from Manikaran side who on seeing the police party, turned back and the lights of the vehicle were switched on. The said person threw a bag being carried by him in his right hand and fled away, who was intercepted by the police and brought to the...
Municipal Corporation Vs. Ram Lal Sharma
Court: Himachal Pradesh
Decided on: May-21-2007
Reported in: 2007(2)ShimLC425
Dev Darshan Sud, J.1. This application has been filed by the respondent-plaintiff under the provisions of Order VI Rule 17 of the Code of Civil Procedure with a prayer that the plaint may be allowed to be amended. The proposed amendment to be carried out is as under:(i) That the applicant/respondent in para-4 of the original plaint, after the words: Khasra No. 244/1/5 wants to add the following:which in fact pertained to khasra Nos. 746/244/2 and 746/244 as well, but since in the earlier plan only khasra No. 244/1/5 was given, as such, the other 2 khasra Nos. were not mentioned in the plan.(ii) That the applicant/respondent further wants to add at page-3, of the original plaint after the figures: 244/1/5, as under:which in fact pertained to Khasra Nos. 746/244/2 and 746/244/ 3 as well, but since in the earlier plan only khasra No. 244/ 1/5 was given, as such, the other 2 khasra Nos. were not mentioned in the plan.(iii) That in the prayer clause, applicant/respondent after the words: 24...
Lal Singh Vs. State of H.P.
Court: Himachal Pradesh
Decided on: May-18-2007
Reported in: [2007(114)FLR1100],2007(2)ShimLC138
Sanjay Karol, J.1. The petitioner has assailed the award dated 25th May, 2006 passed in Reference No. 82/2004 in case titled as Lal Singh v. State of H.P. and Ors. passed by the H.P. Industrial Tribunal-cum-Labour Court, Dharamshala, District Kangra, H.P. The learned Counsel for the petitioner submits that the award is bad inasmuch as there is an error apparent on the face of the record. Along with the reply, the respondent-employer annexed the Mandays chart showing the number of days the petitioner-employee had worked. The Tribunal wrongly came to the conclusion that the petitioner-employee had not worked for more than 240 days in the calendar year preceeding 12 months from the date of his alleged termination.2. A perusal of the material on record placed before this Court, including the chart would show that the petitioner had in fact completed 240 days preceeding 12 months from the date of his dis-engagement. This factual position is also admitted by the learned Deputy Advocate Gener...
Phoolan Wati Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: May-18-2007
Reported in: 2007(2)ShimLC225
Sanjay Karol, J.1. Late Shri Ram Lal Kohli, husband of petitioner-Smt. Phoolan Wanti while working as Head Master in Government High School, Rait, District Kangra, H.P. died on 15th January, 1958 after rendering service of eight years and seven months.2. Pursuant to the decision rendered by H.P. Administrative Tribunal in O.A. No. 1576 of 1993 titled as M.L. Mahajan v. State of H.P. and Ors. the services rendered by the employees of the Education Department in the erstwhile District Board Schools were directed to be counted for pensionery and other retiral benefits regardless of the fact as to whether the employees of the District Board Schools were contributing to C.P.F. or not.3. Petitioner is a poor illiterate lady residing at her village. On 30th May, 1998, she learnt about her entitlement/rights and applied for grant of family pension. Her case was processed at various levels including respondents No. 3, 4 and 5 and was finally sent by respondent No. 3 to respondent No. 2 recommen...
Mohd. YasIn Vs. State of H.P.
Court: Himachal Pradesh
Decided on: May-18-2007
Reported in: 2007CriLJ3923
Sanjay Karol, J.1. This appeal is directed against the judgment dated 19-1-2006 passed by Presiding Officer, Fast Track Court, Mandi, District Mandi, H. P., whereby the appellant has been convicted of an offence under Section 302 of the Indian Penal Code (hereinafter referred to as 'IPC') and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/- and in default thereof further imprisonment for a period of one year. The case of the prosecution as borne out from the record is as under:The incident is stated to have occurred on 1-9-2004 at about 11.10 a.m. at Chamda Mor, Kotrupi, (Police Station, Joginder Nagar) in the jungle below the National Highway. Deceased Kishan Chand had gone to his field, below the road, near the forest to protect the crop from the monkeys. Durga Dutt (P.W. 1) at about 9.30 a.m. along with Lineman of Telephone Department had gone to Chamda Mor, Kotpuri, Police Station Joginder Nagar for repairing the telephone line. They were joined...
Sukhdev Singh Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: May-18-2007
Reported in: 2007(2)ShimLC126
Sanjay Karol, J.1. This judgment is being dictated in open Court in the presence of the learned Counsel for the parties.2. In terms of present writ petition, petitioner has assailed the order dated 22nd March, 2003 in Case No. 35/2000 titled as The Chauri Co-operative Agriculture Service Society Ltd. v. Sukh Dev Singh and Anr. passed by the Additional Secretary (Co-operation), Government of Himachal Pradesh, exercising powers of State Under Sections 93 and 94 of the H.P. Co-operative Societies Act, 1968 (hereinafter referred to as the Act). The challenge is on the ground that petitioner had not resigned as Secretary from the services of respondent No. 3 and the finding to the contrary is not borne out from the record and is factually incorrect.3. Petitioner was appointed as Secretary with respondent No. 3-Society (hereinafter referred to as 'the Society') on 10th October, 1981. On the alleged persistent misconduct on the part of petitioner and his remaining under the influence of liquo...
Mehar Singh Manhas Vs. Union of India (Uoi) and ors.
Court: Himachal Pradesh
Decided on: May-18-2007
Reported in: 2007(2)ShimLC212
Rajiv Sharma, J.1. The present petition has been filed against Annexures P-3, P-5 and P-8, dated 14.7.1998, 14.3.2000 and 2.6.1999, respectively.2. The brief facts necessary for adjudication of this petition are that the petitioner was recruited as Sepoy in the Indian Army on 8.4.1980. Initially, the petitioner was recruited in the Punjab Regiment, but subsequently he was shifted to Intelligence Corps. He was promoted to the rank of Naik on 1.1.1988 and was subsequently promoted to the rank of Havaldar on 1.1.1991. The petitioner was posted to Field Security Company, 8, Mountain Division with effect from 14.1.1997. He was sent to perform his duties with 53 Infantry Brigade. The petitioner was charged under Section 41(1) of the Army Act, 1950 for the alleged misconduct as reproduced below:He at field, on 1 June, 98, when ordered by IC-41475Y Maj NK Airy BM HQ 53 Inf Bde not to proceed on any operation since there were orders from HQ 28 Inf Div to this effect to which he replied that 'Ma...
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